Results: 30

• Procter v Procter

  20 May 2019 [2019] EWHC 1199 (Ch), Ch D (Judge Davis-White QC)

  12 Feb 2021 [2021] EWCA Civ 167; [2021] Ch 395; [2021] 2 WLR 1249; [2022] 1 All ER 358; [2021] WLR(D) 97, CA (Lewison, Arnold, Nugee LJJ)

  Subsequent citations: 3.
  LANDLORD AND TENANT — Tenancy — Lease to oneself
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  Case index catchwords

  LANDLORD AND TENANT — Tenancy — Lease to oneself — Landlords purportedly granting tenancy to themselves and another — Whether tenancy capable of being created where putative landlords and putative tenants overlapping and where existence of tenancy to be inferred from conduct — Whether such tenancy taking effect as tenancy at will — Whether tenancy benefiting from statutory protection for agricultural holdings — Law of Property Act 1925 (15 & 16 Geo 5, c 20), s 53 — Agricultural Holdings Act 1986 (c 5), s 2

  2 Case(s) considered

  2 Statutes considered

• Sciortino v Beaumont

  07 Feb 2020 [2020] EWHC 189 (Ch), Ch D (Judge Jarman QC sitting as a High Court judge)

  25 May 2021 [2021] EWCA Civ 786; [2021] Ch 365; [2021] 3 WLR 343; [2021] WLR(D) 317; The Times, 17 June 2021, CA (Newey, Coulson, Stuart-Smith LJJ)

  27 May 2022 (appn dis) [2022] 1 WLR 3896, SC(E) (Lord Reed PSC, Lord Leggatt, Lord Stephens JJSC)

  Subsequent citations: 1.
  LIMITATION OF ACTION — Negligence — Accrual of cause of action

  BARRISTER — Negligence — Summary judgment
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  Case index catchwords

  LIMITATION OF ACTION — Negligence — Accrual of cause of action

  LIMITATION OF ACTION — Negligence — Accrual of cause of action — Barrister advising on two separate occasions about same or similar issues — Client bringing claim in negligence against barrister more than six years after first advice but less than six years after second advice — Whether claim time-barred — Limitation Act 1980 (c 58), s 2

  BARRISTER — Negligence — Summary judgment — Client’s claim in negligence against barrister — Whether suitable for disposal by way of summary judgment

  3 Case(s) considered

  1 Statute considered

• Islandsbanki HF v Stanford

  [2019] EWHC 1818 (Ch), Ch D (Fancourt J)

  02 Apr 2020 [2020] EWCA Civ 480; [2021] Ch 30; [2020] 3 WLR 895; [2020] WLR(D) 220, CA (King, Henderson, Asplin LJJ)

  CONFLICT OF LAWS — Foreign judgment — Recognition
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  Case index catchwords

  CONFLICT OF LAWS — Foreign judgment — Recognition — Bank obtaining foreign judgment against debtor and registering judgment in High Court — Bank obtaining writ of control for enforcement of judgment before expiry of period for debtor to appeal against registration — Whether issue of writ of control in such circumstances prohibited — Whether premature issue of writ of control curable — Whether writ of control amounting to “execution” for insolvency purposes — Civil Jurisdiction and Judgments Act 1982 (c 27), s 4A — Insolvency Act 1986 (c 45), s 268(1)(b) — CPR rr 3.1(2)(m), 3.1(7), 3.10 — Insolvency (England and Wales) Rules 2016 (SI 2016/1024), r 12.64 — Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), arts 43(5), 47(3)

  5 Case(s) considered

  2 Statutes considered

  2 Statutory Instruments considered

  1 International Agreement considered

• Borwick Development Solutions Ltd v Clear Water Fisheries Ltd

  24 Jul 2019 [2019] EWHC 2272 (Ch); [2020] 1 WLR 559; [2019] WLR(D) 626, Ch D (Judge Hodge QC sitting as a High Court judge)

  01 May 2020 [2020] EWCA Civ 578; [2021] Ch 153; [2020] 3 WLR 755; [2021] 1 All ER 931; [2020] WLR(D) 265, CA (Peter Jackson, Rose LJJ, Sir Timothy Lloyd)

  14 May 2021 Permission to appeal to Supreme Court refused

  Subsequent citations: 4.
  ANIMAL — Fish — Right to possession
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  Case index catchwords

  ANIMAL — Fish — Right to possession — Claimant selling commercial fishery — Contract of sale not dealing with fish stocks — Claimant claiming ownership of fish stocks and bringing claim in conversion — Whether fish in commercial fishery continuing to be wild animals and therefore not subject to absolute property rights — Whether claimant having qualified property in fish per industriam — Whether such property passing on transfer of fishery — Whether claimant having possessory title on which to found conversion claim

  ANIMAL — Fish — Right to possession — Claimant selling commercial fishery — Rights in fish stocks neither granted nor reserved on sale of land — Whether claimant retaining property rights in fish — Whether fish in commercial fishery continuing to be wild animals and therefore not subject to absolute property rights — Whether claimant having acquired qualified property in fish per industriam — Whether such property passing to purchaser on sale of fishery

  7 Case(s) considered
• Lehman Bros Australia Ltd v MacNamara (Lehman Bros Australia Ltd v Lomas, Lehman Bros Australia Ltd v Downs)

  24 Oct 2018 [2018] EWHC 2783 (Ch); [2019] BPIR 104, Ch D (Hildyard J)

  04 Mar 2020 [2020] EWCA Civ 321; [2021] Ch 1; [2020] 3 WLR 147; [2021] 1 All ER 295; [2021] 1 BCLC 29; [2020] WLR (D) 133, CA (Patten, David Richards, Newey LJJ)

  15 Dec 2020 Permission to appeal to Supreme Court refused

  Subsequent considerations : 1 positive; most recently considered: 2020. Subsequent citations: 17.
  INSOLVENCY — Administrator — Challenge to administrator’s conduct
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  Case index catchwords

  INSOLVENCY — Administrator — Challenge to administrator’s conduct — Court’s statutory jurisdiction to grant relief where administrator’s conduct unfairly harming creditor’s interests — Whether exercisable to prevent administrator from relying on contractual rights — Guidance as to exercise of jurisdiction — Insolvency Act 1986 (c 45), Sch B1, para 74

  5 Case(s) considered

  1 Statute considered

• Atkinson v Varma

  13 Jul 2020 [2020] EWHC 1868 (Ch), Ch D (Judge Johns QC sitting as a High Court judge)

  27 Nov 2020 [2020] EWCA Civ 1602; [2021] Ch 180; [2021] 2 WLR 536; [2020] WLR(D) 642, CA (Lewison, Rose, Stuart-Smith LJJ)

  Subsequent citations: 16.
  CONTEMPT OF COURT — Committal application — Company director

  CONTEMPT OF COURT — Committal order — Civil contempt
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  Case index catchwords

  CONTEMPT OF COURT — Committal application — Company director

  CONTEMPT OF COURT — Committal order — Civil contempt — Breach of court order — Whether alleged contemnor’s knowledge of breach required for finding of contempt

  3 Case(s) considered

• Glencairn IP Holdings Ltd v Product Specialities Inc (trading as Final Touch)

  05 Jul 2019 [2019] EWHC 1733 (IPEC); [2020] FSR 1, Ch D (Judge Hacon)

  07 May 2020 [2020] EWCA Civ 609; [2021] Ch 201; [2020] 3 WLR 810; [2020] WLR(D) 278, CA (David Richards, Flaux, Arnold LJJ)

  SOLICITOR — Duty — Confidential information
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  Case index catchwords

  SOLICITOR — Duty — Confidential information — Claimants’ claim compromised by way of settlement agreement containing confidentiality clause binding on parties but not legal representatives — Defendant’s solicitors subsequently acting for different defendants in later claim brought by same claimants — Claimants applying for order restraining solicitors from continuing to act — Whether application falling within special jurisdiction arising where solicitor acting against former client — Whether burden on solicitors to show no risk of misuse of confidential information and prejudice to claimants — Whether solicitors to be restrained from continuing to act

  5 Case(s) considered

• In re MBI International & Partners Inc (Mitchell v Al Jaber)

  21 Apr 2021 [2021] EWHC 912 (Ch); [2021] Ch 314; [2021] 3 WLR 15; [2021] WLR(D) 234, Ch D (Joanna Smith J)

  30 Jul 2021 [2021] EWCA Civ 1190; [2022] Ch 212; [2022] 2 WLR 497; [2021] WLR(D) 464, CA (Asplin, Carr LJJ, Sir Nicholas Patten)

  INSOLVENCY — Inquiry into company’s dealings — Examination in private
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  Case index catchwords

  INSOLVENCY — Inquiry into company’s dealings — Examination in private — Director examined by court about company’s dealings and affairs — Whether statements made during examination protected by witness immunity — Insolvency Act 1986 (c 45), s 236

  INSOLVENCY — Inquiry into company’s dealings — Examination in private — Director summoned to appear before court in order to be examined about company’s dealings and affairs — Whether director immune from suit in respect of statements made during examination — Insolvency Act 1986 (c 45), s 236

  7 Case(s) considered

  1 Statute considered

• Revenue and Customs Comrs v IGE USA Investments Ltd

  31 Jul 2020 [2020] EWHC 2121 (Ch); [2020] STC 2091, Ch D (Zacaroli J)

  14 Apr 2021 [2021] EWCA Civ 534; [2021] Ch 423; [2021] 3 WLR 313; [2022] 2 All ER 139; [2021] STC 887; [2021] WLR(D) 199, CA (Henderson, Asplin, Birss LJJ)

  08 Jul 2021 (appn all) [2021] 1 WLR 4456, SC(E) (Lord Reed PSC, Lord Hamblen, Lord Leggatt JJSC)

  Subsequent citations: 1.
  LIMITATION OF ACTION — Period of limitation — Equitable rescission

  PRACTICE — Pleadings — Amendment

  LIMITATION OF ACTION — Period of limitation — Bringing of action
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  Case index catchwords

  LIMITATION OF ACTION — Period of limitation — Equitable rescission — Claim for equitable rescission of contract on ground of fraudulent misrepresentation — Whether six-year limitation period for tort of deceit to be applied by analogy — Limitation Act 1980 (c 58), ss 2, 36(1)

  PRACTICE — Pleadings — Amendment — Revenue bringing claim for declaration that settlement agreement lawfully rescinded — Revenue seeking to amend particulars of claim to include claim for fraudulent misrepresentation — Whether permission to amend to be given

  LIMITATION OF ACTION — Period of limitation — Bringing of action — Revenue bringing claim for declaration that settlement agreement lawfully rescinded — Revenue seeking to amend claim to plead fraudulent misrepresentation — Whether limitation period for deceit applying by analogy — Limitation Act 1980, s 35 — CPR r 17.4

  5 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• Faiz v Burnley Borough Council

  25 Feb 2020 [2020] EWHC 407 (Ch), Ch D (Judge Halliwell sitting as a High Court judge)

  22 Jan 2021 [2021] EWCA Civ 55; [2021] Ch 303; [2021] 2 WLR 1115; [2021] WLR(D) 53, CA (Lewison, Asplin, Arnold LJJ)

  Subsequent citations: 1.
  LANDLORD AND TENANT — Lease — Forfeiture

  LANDLORD AND TENANT — Forfeiture of lease — Waiver of forfeiture
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  Case index catchwords

  LANDLORD AND TENANT — Lease — Forfeiture

  LANDLORD AND TENANT — Forfeiture of lease — Waiver of forfeiture — Landlord accepting rent after acquiring knowledge of tenants’ breach of covenant — Whether landlord thereby waiving right of forfeiture — Whether relevant to waiver that rent accruing due before or after landlord having knowledge of breach — Whether sufficient that rent accruing due after breach of covenant — Extent of knowledge required where breach consisting of unlawful sub-letting

  3 Case(s) considered